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LITTLE v. BUDD COMPANY, INC.

No. 19-3014.

955 F.3d 816 (2020)

Nancy LITTLE, individually and as personal representative of the estate of Robert L. Rabe, Plaintiff-Appellee, v. The BUDD COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

As Corrected April 6, 2020.

Attorney(s) appearing for the Case

Toby Crouse , Crouse, LLC, Overland Park Kansas ( Vincent E. Gunter , Rasmussen, Dickey & Moore, LLC, Kansas City, Missouri; and Clayton J. Kaiser , Foulston Siefkin LLP, Wichita, Kansas, with him on the briefs), for Appellant.

John Roven , Roven-Kaplan, LLP, Houston, Texas ( Blain D. Myhre , Blain Myhre, LLC, Englewood, Colorado, with him on the brief), for Appellee.

Before HOLMES, MURPHY, and PHILLIPS, Circuit Judges.

I. INTRODUCTION

Robert Rabe worked as a pipefitter in an Atchison Topeka & Santa Fe Railroad ("ATSF") repair shop. In that capacity, he replaced pipe insulation on passenger cars manufactured by The Budd Company ("Budd"). Rabe died from malignant mesothelioma. Nancy Little, individually and as personal representative...

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